A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...
A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ... A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...
General Conditions of the Contract1. DefinitionsGENERAL CONDITIONS OF THE CONTRACT1.1. In this Contract, the following terms shall be interpreted as indicated:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)“The Contract” means the agreement entered into between theProcuring Entity and the Supplier, as recorded in the Contract Formsigned by the parties, including all attachments and appendices theretoand all documents incorporated by reference therein.“The Contract Price” means the price payable to the Supplier under theContract for the full and proper performance of its contractualobligations.“The Goods” means all of the supplies, equipment, machinery, spareparts, other materials and/or general support services which theSupplier is required to provide to the Procuring Entity under theContract.“The Services” means those services ancillary to the supply of theGoods, such as transportation and insurance, and any other incidentalservices, such as installation, commissioning, provision of technicalassistance, training, and other such obligations of the Supplier coveredunder the Contract.“GCC” means the General Conditions of Contract contained in thisSection.“SCC” means the Special Conditions of Contract.“The Procuring Entity” means the organization purchasing the Goods,as named in the SCC.“The Procuring Entity’s country” is the Philippines.“The Supplier” means the individual contractor, manufacturerdistributor, or firm supplying/manufacturing the Goods and Servicesunder this Contract and named in the SCC.The “Funding Source” means the organization named in the SCC.“The Project Site,” where applicable, means the place or places namedin the SCC.“Day” means calendar day.The “Effective Date” of the contract will be the date of receipt by theSupplier of the Notice to Proceed or the date provided in the Notice toProceed. Performance of all obligations shall be reckoned from theEffective Date of the Contract.
General Conditions of the Contract(n)“Verified Report” refers to the report submitted by the ImplementingUnit to the Head of the Procuring Entity setting forth its findings as tothe existence of grounds or causes for termination and explicitly statingits recommendation for the issuance of a Notice to Terminate.2. Corrupt, Fraudulent, Collusive, and Coercive Practices2.1. The Procuring Entity as well as the bidders, contractors, or suppliers shallobserve the highest standard of ethics during the procurement and execution ofthis Contract. In pursuance of this policy, the Procuring Entity:(a)defines, for the purposes of this provision, the terms set forth below asfollows:(i)(ii)(iii)(iv)"corrupt practice" means behavior on the part of officials in thepublic or private sectors by which they improperly andunlawfully enrich themselves, others, or induce others to do so,by misusing the position in which they are placed, and itincludes the offering, giving, receiving, or soliciting ofanything of value to influence the action of any such official inthe procurement process or in contract execution; entering, onbehalf of the Government, into any contract or transactionmanifestly and grossly disadvantageous to the same, whether ornot the public officer profited or will profit thereby, and similaracts as provided in Republic Act 3019."fraudulent practice" means a misrepresentation of facts inorder to influence a procurement process or the execution of acontract to the detriment of the Procuring Entity, and includescollusive practices among Bidders (prior to or after bidsubmission) designed to establish bid prices at artificial, noncompetitivelevels and to deprive the Procuring Entity of thebenefits of free and open competition.“collusive practices” means a scheme or arrangement betweentwo or more Bidders, with or without the knowledge of theProcuring Entity, designed to establish bid prices at artificial,non-competitive levels.“coercive practices” means harming or threatening to harm,directly or indirectly, persons, or their property to influencetheir participation in a procurement process, or affect theexecution of a contract;(b)will reject a proposal for award if it determines that the Bidderrecommended for award has engaged in any of the practices mentionedin this Clause for purposes of competing for the contract.2.2. Further the Funding Source, Borrower or Procuring Entity, as appropriate, willseek to impose the maximum civil, administrative and/or criminal penaltiesavailable under the applicable law on individuals and organizations deemed tobe involved with any of the practices mentioned in GCC Clause 2.1(a).
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<strong>General</strong> Conditions <strong>of</strong> the Contract<strong>1.</strong> DefinitionsGENERAL CONDITIONS OF THE CONTRACT<strong>1.</strong><strong>1.</strong> In this Contract, the following terms shall be interpreted as indicated:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)“The Contract” means the agreement entered into between theProcuring Entity and the Supplier, as recorded in the Contract Formsigned by the parties, including all attachments and appendices theretoand all documents incorporated by reference therein.“The Contract Price” means the price payable to the Supplier under theContract for the full and proper performance <strong>of</strong> its contractualobligations.“The Goods” means all <strong>of</strong> the supplies, equipment, machinery, spareparts, other materials and/or general support services which theSupplier is required to provide to the Procuring Entity under theContract.“The Services” means those services ancillary to the supply <strong>of</strong> theGoods, such as transportation and insurance, and any other incidentalservices, such as installation, commissioning, provision <strong>of</strong> technicalassistance, training, and other such obligations <strong>of</strong> the Supplier coveredunder the Contract.“GCC” means the <strong>General</strong> Conditions <strong>of</strong> Contract contained in thisSection.“SCC” means the Special Conditions <strong>of</strong> Contract.“The Procuring Entity” means the organization purchasing the Goods,as named in the SCC.“The Procuring Entity’s country” is the Philippines.“The Supplier” means the individual contractor, manufacturerdistributor, or firm supplying/manufacturing the Goods and Servicesunder this Contract and named in the SCC.The “Funding <strong>Source</strong>” means the organization named in the SCC.“The Project Site,” where applicable, means the place or places namedin the SCC.“Day” means calendar day.The “Effective Date” <strong>of</strong> the contract will be the date <strong>of</strong> receipt by theSupplier <strong>of</strong> the Notice to Proceed or the date provided in the Notice toProceed. Performance <strong>of</strong> all obligations shall be reckoned from theEffective Date <strong>of</strong> the Contract.
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